Eligibility For Gratuity Eligibility For Gratuity

3 years ago

Hi,
I am working as an AGM with a manufacturing company (5 day working). I have resigned & based on my date of relieving I will be completing 4 yrs 130 days and have 60 days of EL that I plan to surrender. With this technically I complete 4yrs 190 days. Do think with this calculation, I am eligible for Gratuity

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
A person can receive gratuity when he has completed a time period of minimum five years with the organization.
however, if the employee dies before the completion of 5 years or becomes disabled due to an accident or disease, he can receive the gratuity amount. in case of death, the legal heirs of the deceased will be liable to receive the gratuity amount.
In the recent judgement passed by the Madras High Court, if the person has completed 240 days after 4th year, he/she becomes eligible to receive gratuity.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi,
A person is eligible to receive gratuity only if he has completed minimum five years of service with an organization. However, it can be paid before the completion of five years at the death of an employee or if he has become disabled due to an accident or disease.
However, as per a ruling made by the Madras High Court, individuals who have completed 240 days in their fifth year of service are eligible for gratuity. The legal heir of an employee is eligible for gratuity if he/she dies during employment.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.I believe EL can not be counted as working days.


Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield) (mymutualdivorce.online)
#YourLifeYourChoice
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconBoss told me to resign
Dear Client, An employee who is being forced to tender a resignation that amounted to illegal retrenchment/termination, if you can prove the allegation with substantial evidence. Once you succeed in p...
question iconCommercial flate
Dear Client, Regardless of the character of the flat, commercial or residential, a common area maintenance(CAM) charge is payable by the owner of the flat to a Society or Association.
question iconResignation wihout notice period
Dear Client, A resignation without complying with the terms of employment i.e, service of notice period may liable an employee to face legal consequences for breach of terms of the contract. An employ...
question iconService Overlap issue
Dear Client, There is no overarching law that prohibits a person from doing multiple jobs. It is not illegal however both companies should not have the clause “cannot take up work full time in some o...
question iconDo I need to serve notice
Dear Client, A trainee is not treated as an employee in the permanent role of the Company, so standing rules or regulations do not apply to the trainee to regulate or resolve the dispute between a tra...